HOW TO FILE A FULL JUDGEMENT CASE?
A full judgement action is a type of administrative lawsuit that can be filed before the Council of State, administrative or tax court, depending on the nature of the administrative act or action. Full judgement actions can be filed as follows (D.6-K:2015/1893):
Those who are harmed by an administrative action must apply to the relevant administration within 1 year from the date they learnt about the damaging administrative action by written notification of the administration or otherwise, and in any case within 5 years from the date of the action, and request the fulfilment of their rights before filing a full remedy action. In the event that these requests are partially or completely rejected, a full judicial action may be filed within the period for filing a lawsuit starting from the day following the notification of the transaction in this regard.
They may directly file a full remedy action against the administrative act that violates their rights within the period of filing a lawsuit foreseen for the cancellation action.
They may file cancellation and full remedy actions together within the time limit for filing a lawsuit against the administrative act that violates their rights.
Upon the decision of the annulment lawsuit filed against the administrative act that violates the rights, they may file a full judicial action within 60 days from the notification of the decision.
Due to the damages arising from the execution of the administrative act that violates the rights, they can file a lawsuit within the period of filing a lawsuit from the date of execution, or within these four separate full remedy lawsuit filing periods, the aforementioned full remedy lawsuits can be filed by using the remedies stipulated in Article 11 of Law No. 2577, which we explain below.
WHAT IS THE TIME LIMIT FOR FILING A FULL JUDGEMENT ACTION?
In administrative law, the time limit for filing a full remedy action starts to run as soon as the transaction or action causing the damage and the scope of the damage are fully learnt.
1. The time limit for filing a full remedy action directly in the administrative judiciary due to “administrative actions
Those whose rights have been violated by administrative actions must, before filing an administrative lawsuit, apply to the relevant administration within one year from the date they learnt of these actions upon written notification or otherwise, and in any case within five years from the date of the action, and request the fulfilment of their rights. In the event that these requests are partially or completely rejected, a full judgement action may be filed within the period for filing a lawsuit starting from the day following the notification of the action in this regard. If the administration does not respond to the request within 30 days, the request shall be deemed rejected on the date this period expires. After the request is deemed to be rejected, a full court action may be filed within the 60-day period for filing a lawsuit (Article 11 of the Administrative Procedure Law).
2. The period for filing a direct full remedy action before the administrative courts due to “administrative actions
General Period for Filing a Lawsuit: A full judgement action must be filed within 60 days in administrative courts and 30 days in tax courts as of the notification of the administrative action (Art. 7 of the İYUK). These periods are not the statute of limitations, but are in the nature of a forfeiture period. As a rule, these filing periods are applied when filing a full remedy action against all administrative acts.
Special Period for Filing a Lawsuit: Due to the nature of administrative acts, special laws or special articles may stipulate separate litigation periods other than the general litigation periods. In this case, not the general time limit for filing a lawsuit, but the special time limit for filing a lawsuit stipulated in the law regarding the administrative act shall be applied. However, in order to apply the special time for filing a lawsuit, the special time for filing a lawsuit must be clearly indicated in the administrative act. In cases where the special time for filing a lawsuit is not explicitly indicated in the administrative act, a full judgement lawsuit may be filed against that administrative act within the general time limits for filing a lawsuit.
The time limit for filing a full judgement action in case of application to higher authorities against an administrative act: Before filing an administrative lawsuit by the relevant persons, the administrative action to be subject to a full remedy action may be requested to be cancelled, withdrawn, amended or a new action may be requested from the higher authority, or if there is no higher authority, from the authority that has taken the action, within the administrative lawsuit filing period. This application shall suspend the administrative action filing period that has started to run. If no reply is given within thirty days, the request shall be deemed rejected. In the event that the request is rejected or deemed rejected, the period for filing a lawsuit starts to run again and the time elapsed until the date of application is taken into account (Article 11 of the İYUK). For example, upon the notification of an administrative action taken by Bakırköy District Governorship on 01.01.2021, the objection of the person who objected to the Istanbul Governorship, which is the higher authority, on 21.01.2021 against the action, was rejected by the Istanbul Governorship on 01.03.2021. In this case, the time remaining from the period for filing a lawsuit will continue to run from the date of the superior authority’s rejection. In other words, the 20 days from the date of notification of the transaction until 21.01.2021, which is the date of objection, are deducted from the period of filing a lawsuit, and the remaining period of filing a lawsuit starts to run from 01.03.2018, which is the date of the superior authority’s rejection.
The time period for filing a full court case if a cancellation lawsuit is filed against the administrative action first: The relevant persons may file an action for annulment of an administrative act that violates their rights and upon the decision of this case, upon the notification of the decision on this matter or the decision to be given in case of application for legal remedies; they may file a full judicial action within the period of filing a lawsuit from the date of notification (Council of State and Administrative Court 60 days, Tax Court 30 days). For damages arising from the execution of an administrative act, a full remedy action may be filed within the time limit for filing a lawsuit (60 days for Council of State and Administrative Court, 30 days for Tax Court) starting from the date of execution of the act (Article 12 of the İYUK).
3. In case of an application to administrative authorities for an action or an action to be taken, the period for filing a full remedy action (Article 10 of the İYUK)
While there is not yet an administrative action that can be subject to cancellation and full judicial action, or if there is, but the person concerned is not aware of it; the person concerned may apply to the administration with a petition and request an action or action to be taken.If no response is given within 30 days, the request is deemed to be rejected. Those concerned may file a lawsuit to the Council of State, administrative and tax courts, depending on the subject matter, within the period for filing a lawsuit as of the end of 30 days. In other words, if the request is deemed to be rejected, the period for filing a lawsuit shall expire after 60 or 90 days, depending on the subject matter, from the date of submission of the petition.
It should be noted that, although the administration responds within the 30-day period, if the response is not definitive, the relevant person may file a lawsuit by considering this response as a rejection of the request, or may wait for the definitive response. In cases where the relevant person waits for the definitive answer, the period for filing a lawsuit does not start. However, the waiting period cannot exceed 4 months from the date of application.
In cases where the lawsuit is not filed or the lawsuit is rejected out of time, if a reply is given by the competent administrative authorities after the expiry of the thirty-day period, they can file a lawsuit within the period of filing a lawsuit (Council of State and Administrative Court 60 days, Tax Court 30 days) as of the notification of the reply. For example, the administration did not respond to the application made by petition on 01.2.2021 within 30 days and then the lawsuit was not filed within the time limit for filing a lawsuit. When the administration responds to the application made 5 months later on 01.07.2021, an additional 60-day period for filing a lawsuit starts to run from the date of notification of the response.
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